R. v. Mary Peel | Examples Of Favourable Verdicts

Mary had it all – a loving husband, two beautiful children, and a successful business. Several years earlier, Mary had an extra-marital affair with a close family friend, Barney. It was an indiscretion that she regretted almost immediately. She confessed to her husband and they worked through their differences. Barney, however, could not let go. He persisted in contacting Mary and showering her with unwanted gifts. After several years of telling Barney that she was not interested, Mary became fed up. One evening Mary packed her car full of the unwanted gifts that Barney had presented her and called him up. She told Barney that she was on her way over and that they needed to talk. When she got there, Barney came out to the driveway. Mary emptied her car of the gifts and told Barney in no uncertain terms that the affair was long over and she wanted nothing to do with him. Mary destroyed some of the gifts that Barney had given her right in front of him. Barney flipped out and told Mary that he was going to have his way with her right then and there. Barney attacked Mary. Mary struggled to keep Barney away. Eventually, she was able to bite his arm and causing it to bleed. Barney let go and Mary ran to the house and called ‘911’. Barney came into the house after Mary. Mary then ran out of the house fearing for her safety. She jumped in her car and drove straight home. The police showed up to Barney’s house and saw Barney was bleeding. They asked him what had happened. Barney twisted the story. Allison found herself arrested for ‘assault causing bodily harm’ and ‘mischief to property’.

The allegations as told by the police
On June 25, 2007, PC Ralph and myself, PC Munro were operating marked police cruiser 19-000 assigned to the area of Brampton in the Region of Peel. While on duty, in uniform capacity, officers were dispatched to 1693 Morningside Lane in the City of Brampton for an assault call for service.

Information received from dispatch was that the male resident had assaulted the complainant by hitting her. The male had pushed her and threw her across the floor. The complainant is being evasive and not advising dispatch of the complete incident. The complainant then hung up on dispatch. Dispatch called the residence back and spoke with the suspect’s wife. She stated she was unaware of the situation and that the complainant is mentally unstable.

Officers arrived on scene at 1693 Morningside Lane at 2249 hours. Upon arrival, I, PC Munro, observed a non-white male standing outside the residence beside a vehicle which was parked on the driveway. The male later identified himself as Barney Bickerton. As I approached the male I observed that his left arm was bleeding and he had a large gash in the forearm area. I also observed that blood had stained the left side of the male’s white short sleeved shirt. I asked the male is he would require medical attention, he said “no”. I remained outside the residence with the male, and P.C. Ralph entered the home and spoke to witnesses.

Barney informed me that he was outside of his home removing articles from the garage and on to the driveway. During that time, Mary Peel approached the residence in a vehicle. She exited the vehicle and engaged in a conversation with Barney. Barney advised me that he has been having an affair with Mary for some time, and his wife is unaware of the situation. Mary was expressing her concern in continuing the relationship and for the relationship to progress further. Barney advised her that their relationship cannot progress any further. At that time Mary became very angry and upset. She picked up a tire iron and began swinging the bar violently. Mary began to damage the property in front of the residence, breaking a large number of items. Barney approached Mary to stop her from damaging the property, at which time she swung the tire iron violently at his direction two to three times. Barney was able to avoid being struck by the pole and grabbed Mary and pushed her to the grass. He then picked her up from the ground and directed her towards her vehicle and sat her on the driver’s seat of her vehicle.

Barney stated that Mary was still refusing to leave the residence and was remaining violent in her actions by yelling and swearing. While Barney was holding her in the driver’s seat she grabbed his left arm and began biting him. Mary bit Barney with so much pressure that her teeth punctured the skin and he began to bleed. Barney was yelling at her to let go, but she would not. Barney stated that he had to punch Mary in the forehead to remove her from biting him.

Mary remained inside her vehicle yelling at Barney. After a period of time, Mary got out of her vehicle and ran inside the home and called 911. Mary then left the residence but returned where she engaged in an argument with Barney’s wife, Gwen Bickerton. Mary left the residence again, and left the home in her vehicle. Shortly after police arrived on scene.

I requested that ambulance attend the scene as Barney’s hand had a large gash and was beginning to swell. Barney was also expressing that he was beginning to feel a large amount of pain from his hand. Ambulance attended the scene and treated the male for his injuries.

Officers spoke to the members who reside in the home. None of them had witnessed the actual assault.

Barney advised that Mary has taken heavy dosages of medication. She has been violent in the past. I requested that Barney attend 22 Division to provide a statement to police. Barney refused to provide a statement.

Police attended 1125 Rally Way and spoke to Mrs. Peel at the front door where she was advised that she was going to be arrested for assault bodily harm and mischief. The accused exited the house and walked to police cruiser, where she was handcuffed to the front and placed in the rear seat.

She was advised of her rights to counsel and caution, to which the accused answered that she understood and would not like to call a lawyer at that time. The accused was transported to 22 division and paraded in the cell area in front of Staff Sargeant Bunker, then escorted to a holding room in C.I.B. where the accused was transferred custody to P.C. Ralph.

Unless the charge was withdrawn, the plan was to proceed to trial. As the matter progressed, we built the case for Mary’s defence. Barney, true to his personality, continued to call Mary and leave messages for her. These were all preserved. A judicial pre-trial was scheduled before trial. This is a meeting between the Crown, defence counsel, and a judge to discuss the case in an attempt to narrow issues and/or facilitate a resolution. At the judicial pre-trial, the Crown presented its theory to the judge. As a counter, we decided to reveal our hand and present our defence. I revealed Mary’s accounting of the events, together with witness statements that verified that the belongings found on Barney’s property were gifts given to her. We also disclosed the existence of the recorded messages from Barney. The Crown relented, offering a peace bond and agreeing to withdraw all charges.

Mary signed a peace bond agreeing to have no contact with Barney (something she was pleased to do) and the charges against her were withdrawn.